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§ 5-517. Soil conservation district board of supervisors

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 5. Immunities and Prohibited Actions--Governmental (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 5-517
§ 5-517. Soil conservation district board of supervisors
Currentness
In general
(a) A member or employee of a board of supervisors for a soil conservation district is immune from suit in courts of the State and from liability in tort for a tortious act or omission:
(1) That is within the scope of the public duties of the member or employee;
(2) That is made without malice or gross negligence; and
(3) For which the soil conservation district has consented to suit under subsection (b) of this section, even if damages exceed the limits of that consent.
Exclusive remedy for tortious act or omission
(b)(1) The exclusive remedy for a tortious act or omission, for which a member or employee of a board of supervisors for a soil conservation district is immune from suit or liability under subsection (a) of this section, is a suit brought against the appropriate soil conservation district.
(2) The soil conservation district may not assert the defense of governmental immunity in any suit brought under this section.
State Insurance Program
(c) The State Insurance Program administered under Title 12 of the State Government Article for purposes of providing coverage under the Maryland Tort Claims Act1 shall:
(1) Govern the limits of liability in any suit brought under this section; and
(2) Provide funds for the payment of any settlement or judgment entered against the soil conservation district in a suit brought under this section.

Credits

Added as Courts and Judicial Proceedings § 5-346 by Acts 1990, c. 546, § 3. Renumbered as Courts and Judicial Proceedings § 5-517 by Acts 1997, c. 14, § 9, eff. April 8, 1997.

Footnotes

1
State Government, § 12-101 et seq.
MD Code, Courts and Judicial Proceedings, § 5-517, MD CTS & JUD PRO § 5-517
Current through legislation effective through June 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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